JUDGMENT

The challenge in this appeal is to the judgment dated 23.3.2022 in C.C.No.393/2017 passed by the Judicial First Class Magistrate-I, Aluva. The appellant is the complainant. Respondent No.1 is the accused.

2. The parties will be referred to hereinafter according to their position in the trial Court. The complainant filed a complaint alleging offence punishable under Section 138 of the Negotiable Instruments Act. The accused executed a cheque for Rs.10,00,000/- (Rupees ten lakhs only) drawn on the Federal Bank Ltd., Panangad Branch, in favour of the complainant. The cheque was dishonoured due to insufficient funds. The complainant caused to issue a lawyer’s notice, which the accused received but failed to pay the amount covered by the cheque.

3. The complainant has examined herself as PW1. A witness was examined as PW2. The complainant proved Exts.P1 to P7.

The Court below acquitted the accused at the close of the trial.

4. Heard the learned counsel appearing for the complainant and the learned counsel appearing for the accused.

5. The learned counsel for the complainant submitted that the judgment of acquittal passed by the Court below is illegal and unsustainable in law. The lea